PUC blocks effort to enhance cell phone privacy

Updated 4:37 pm, Thursday, January 16, 2014

The state Public Utilities Commission blocked a move Thursday to update telephone privacy protection rules enacted back when cellular phones were the size of bricks.

The commission's 3-2 vote denied a petition by three state consumer rights groups asking the panel to at least look into revising regulations put in place in 1986, long before phones got smart and location tracking became a hot-button issue.

The panel approved Commissioner Mark Ferron's proposal to make no changes because there are already adequate state and federal laws in place protecting cell phone users. The group also said it wouldn't act because there was a "dearth" of specific violations filed with the commission, but will "track developments" and any concerns that may arise.

Consumer groups including the Consumer Federation of California, The Utility Reform Network and the Privacy Rights Clearinghouse were hoping the commission would not only update the old telephone rules, but expand its jurisdiction to developers of smartphone apps. A telecommunications trade group and big carriers like AT&T and MetroPCS opposed the petition.

"As long as you are being tracked without your consent, then the laws are inadequate," said Mindy Spatt, TURN's communications director. "What about the choice not to be tracked? What about the choice not to have our data sold?"

Commissioner Catherine Sandoval authored an alternative that would have started the rule-review process, but excluded app developers because they aren't regulated. That proposal won the support of only one other commissioner.

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